Mr. Terres to Mr.
Sherman.
Legation of the United States,
Port an Prince, Haiti, April
2, 1897. (Received _____.)
No. 247.]
Sir: I am in receipt of a letter from Th.
Behrmann, esq., our vice-consul, acting at Cape Haitien, asking for
instructions as to whether or not C. Abegg, esq., consular agent at Port
de Paix, has the right to administer oaths and take certain depositions
requested in a letter addressed to him by Mr. James H. Kelly, attorney
for Mr. Lechner.
I beg to be informed as to whether or not Mr. Abegg, although empowered.
by paragraph 482 of the Consular Regulations to render such notarial
services, has the right to do so without first receiving instructions
from the Department of State, since the subject has been brought to the
notice of the Department by this legation in its dispatches Nos. 220 and
221, of October 26 and November 3, 1896, respectively, and whether Mr.
Kelly should not address himself to the Department, requesting that such
instructions be given to Mr. Abegg.
I have, etc.,
[Inclosure in No. 247.]
Mr. Kelly to
Mr. Abegg.
Trenton, N. J., February 25, 1897.
Dear Sir: Mr. Lechner, of this city, has
retained me to prepare the papers in his suit against the Government
of Haiti. I desire the testimony of the following persons, who are
witnesses to the affair, as to what took place in the court wherein
Lechner was arraigned; your knowledgment as to his inhuman treatment
while he was in prison, and the grossly oppressive conduct on the
part of the Haitian officials; whether you were obliged to keep
silence when you attempted to defend Lechner and act as his counsel,
and anything further you may know regarding this case.
William Stevens, who was a witness to the fight and saw the Dominican
draw a knife, and whether he was allowed to testify in the court as
to what took place, and anything else he may know.
Dorremar, Thomas Parr, and Grass, who are employed by the same
company as employed Lechner. These persons, I am informed, have the
same knowledge of the facts as has Stevens.
The testimony should be written upon foolscap paper with a margin of
at least one inch on each side of the page, which testimony must be
given under oath; and the right of the person taking the deposition
to administer oaths by the laws of the place must be verified.
[Page 342]
The credibility of the deponent, if known to such magistrate or other
person authorized to take such testimony, should be certified on the
same paper, and if not known should be certified by some other
person known to such magistrate.
Kindly attend to this matter at once, and whatever may be the charges
or expenses we will be responsible for the same, and we will remit
upon receipt of the testimony. If possible, I desire the testimony
sent to us by this boat on her return trip.
Yours, very truly,
